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(영문) 제주지방법원 2017.06.15 2017노77
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant shows an attitude against each of the instant crimes while recognizing each of the instant crimes, and that the Defendant has no record of criminal punishment for the same type of crime or of criminal punishment exceeding the fine.

However, in light of the method, object, frequency, and amount of damages of each of the instant crimes, the nature of each of the instant crimes is not good, and the total amount of damages of each of the instant crimes is about KRW 186 million, but most of the damages have not been recovered up to now.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, the sentence imposed by the lower court is not deemed to be unfair because it exceeded, or is too heavy, or fluent.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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